Original source · versioned page text
132009.1102.01- Request to Change to Existing Approval
_C)oq 10
SCRC CORRESPONDENCE n_ `^^^n
II/11211211 n...^....._.__. ,
Council Reference: 132009.1102.1
Our Reference: 01376 L02 NG
31st August 2011
martoo
consulting n
pty ltd
town planners +
Chief Executive Officer urban designers
Sunshine Coast Regional Council + surveyors
Locked Bag 72
287 949 725
SUNSHINE COAST MAIL CENTRE 4560
Attention: Planning North - Jack Lewis
Dear Sir/Madam
RE: LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
APPLICATION TO CHANGE DEVELOPMENT APPROVAL - 09/1102 FOR EXTENSION TO A
RETAIL BUSINESS TYPE 2 SHOP AND SALON (SHOP) OVER PREMISES AT 6/32 HASTINGS
STREET NOOSA HEADS DESCRIBED AS LOT 6 ON SP120366
Martoo Consulting has been engaged by Never Holdings Pty Ltd as the applicant for the above
proposal, to submit a permissible change for a development approval to enable alterations and
extension to an approved restaurant at 6/32 Hastings Street, Noosa Heads.
The subject site comprises shop 6 located at 32 Hastings Street, Noosa Heads. The premises are
contained in an existing commercial and residential complex, which includes retail tenancies at ground
level facing Hastings Street and a Resort hotel to the rear known as the Sebel Hotel. The premises are
currently used for a shop with associated outdoor dining. (refer photograph 1).
The applicant seeks approval to enclose the roofed outdoor dining area to the west of the existing
building and incorporate it into the existing shop and restaurant on the site. The attached plans
prepared by Pete Thompsett architecture indicate the area to be enclosed. The area proposed to
be enclosed is approximately 21 m2 in area and was previously approved for covered outdoor dining.
The proposed extension maintains the existing roof and continues the building line of the existing
premises.
It is noted that the
premises were approved
in January 2010 for
Retail Business Type 2
- Shop use area of 86
m2 and Entertainment &
Dining Business Type
1 (Food & Beverage) for
40m2 of outdoor dining
area under 2009/1102.
It is 21 m2 of the
I i approved outdoor dining
that is to be enclosed.
Photograph I - Area to be enclosed
Page 1
SUNSHINE COAST OFFICE GYMPIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567 38 NASH STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE 07 54555425 - FACSIMILE 07 54555725 TELEPHONE 07 54827440 - FACSIMILE 07 54824952
[email protected] [email protected]
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Page 2
In support of the proposal the following is noted:
• The area to be enclosed is currently roofed;
• The area to be enclosed has been approved for outdoor dining and assessed for
carparking;
• The proposed extension is consistent with surrounding uses and the character and
desired intent for the area.
Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development
approval as:
(1) A permissible change, for a development approval, is a change to the approval that
would not-
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
or
(d) cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:
(a) result in a substantially different development;
The proposed extension encloses an area that is located underneath an existing roof and
incorporates the area into the adjoining premises and will not result in a different
development.
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
No concurrence agencies would be triggered by the proposal and the level of
assessment has not altered.
(c) for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
It is unlikely that a person would make a submission objecting to the proposed change
as the area is currently approved for use as an outdoor dining area, is not visible to the
street and will not impact on adjoining premises. .
(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Page 2
Page 3
Noosa Plan
The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. The proposal involves enclosure of an area that was
previously approved for covered outdoor dining and still leaves sufficient open space available on
site. The area to be enclosed was previously assessed for carparking and contributions and
therefore no additional carparking or charges are applicable.
4. CONCLUSION
The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The applicant seeks Council support for the proposal.
The attached development application includes:
• four (4) copies of the proposal plans prepared by Thompsett Architecture.
• a completed Council form; and
• a cheque for $2561.00 which is understood to be Council's application fee.
The Assessment Manager's favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.
Yours sincerely
Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.
Page 3
Page 4
Attachments
Attachment I - Proposal Plans
Page 4
[OCR of page images]
Attachments
Attachment 1 — Proposal Plans
Page 4
Page 5
1 COPYRIGHT
All Rights Reserved
A B A B Use figured dimensions In preference to
scaling off drawings
Check dlmen.imu and levels before
fabrkwtion or setout.
Final coordination I. the responsibility
of the contractor
The contractor shall ensure that all work
complies with relevant building codes. Any
queries or doubts in this regard must be
forwarded to the Architect before work
commnce&
This drawing Is to be used only in
conjunction with all other drawings and
specifications for this job. Any discrepancies
are to be reported to the Architect before
work commences,
ISSUE NOTES
A APPROVAL APPUCA71ON 01/08/2011
B PLAN ADJUSTED FOLLOtMNG 5TE
MEASURE 19/8/2011
C PLAN ADJUSTED FOLLOIMNG 5TE
DIAGRAM 23/8/2011
D ADJUST N01ES FOR TOW PLANNING
PURPOSES 24/8/2011
2 2 2 2
I
SHOPI OU T DgOR
101 {;QM DINING RESTAURANT
SQR.
TH0MPSETT
ARCHITECTURE
P.O. BOX 1032 NOOSA 4567
Telephone (07) 5447 4770
Facsimile (07) 5449 2947
3 3 3 3 THOMPSETT ARCHITECTURE PTY LTD
ABN 11 010 831 928
PROJECT
6/32
6SP 120366
HASTINGS STREET
NOOSA HEADS
A PARISH WEYBA
CO/REDBOU TWOR CLIENT
F100R AREA 34 SQI11
NEVER HOLDINGS
PTY LTD
4 4 4
4
DRAWING 11TLE
FLOOR PLANS
--------------------------------------- EXISTING AND
EAVES LINE EAVES LINE
OUTDOOR PROPOSED
DINING RESTAURANT
13 SQM
SCALE DATE JOB No
1: 100 A3 326
A B
A B
PHASE DWG No ISSUE
L_ EXISTING PROPOSED DD D01 D
Page 6
GLAZING LEGEND :-
PP - PYRO PANEL (90 Min FIRE RATING)
6B - GLASS BLOCK 160 Min FIRE RATING)
rl ow mnr - awwe. l ax. .^
-
A X 01/02/99 BUILDING APPLICATION ISSUE
TMEBUCHANI
SC
B 1 8/02/99 GENERAL UPGRADE. C0-ORO ISSUE PN 32 HASTINGS STREET CONSTRUCTION 23.08.99
C tt/03/99 STATE FIRE REVISION.
STATE flRE SERVICES ISSUE.
M$ NOOSA
°W 01 DEC 98
1 30/01./99 GENERAL UPGRADE
Ot/OS/ RETENOEI ISSUE MS CC
(C
1 200 Al
^3®® 2 09/08/99 GENERAL UPGRADE MS
Malone Docnan LaUd & Dawden Ply LEO
® 3 23/08/ LATEST LANDSCAPING ADDED PK (C A.C.1L 065985046 OVERALL PLAN
ArcAdteas Pamers BImeix Demyms
GROUND R.L 3.000
Ariadne
DIVILOPMI MT
342 Wddam Shed (PD Box 311))
LoNnMe Valley Br60ane OLD IW6 AUSTRALIA
1e0+61738599222 lax x61 7 3859 9234 LEVEL 1 R.L 5.500
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Page 7
Sunshine Coast 2011/12 Regional Strategy and Planning
CoUn1Cll Request to Change Existing Approval and/or Extension to Relevant Period
Sustainable Planning Act 2009
ALL questions MUST be completed unless the form indicates otherwise.
This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.
If Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:
(a) a request to change the development approval and/or conditions is made to the Court; and
(b) a request to extend the relevant period for the approval is made to Council.
All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
1. Details of person making the request
Full name - individual or company Ale v' K Hol-binlr{ S P 71 y IL 7-0
Contact Name - for company
Postal address C/ Mq,TQo C- S UL / 7` A c'< / (c -(1
Suburb A/ ooSA H EiQl State Postcode
Business phone SV SS sod \ A/H phone Mobile
Email address ' d inQ _J'^^ O^ L)Y o If& CA ->-" Fax ' SS S7 7-2S-
2. Details of existing approval
Type of approval (please tick ALL applicable categories) Which entity issued appr val
&"'Development Permit l Sunshine Coast 9unc "
q Preliminary Approval G3'' Other entity - n .ace ,znerifv 0I,
q Compliance Permit "5,>3
q Material Change of Use e"f
q Reconfiguring a Lot
'J :0 C°i
q Operational Works Ip>> ^1rEa^,
^0
q Building Works cll^
q Plumbing or Drainage Works V
q Compliance Certificate
q Environmentally Relevant Activity
Application number/council reference ._,)c-c% / II d d Date issued -^3^o I c,
Is the approval for a mobile and temporary ERA? D' No q Yes - complete below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is
authorised to collect this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information is dealt with in accordance with
council's privacy policy.
wwwsun hlnecosst gldgov.eu I mail®sunshinecoast.gld-gov-au I T 07 5475 7272 F 07 5475 7217
Lodwd Bag 72 Sunshine Coast Mail Centre Old 4580 ABN 37 876 973 913
Caloundra office I Omra 'i Avenue Cafourxka Old 4551 ^ INaroochydon office 11-13 Ocsen Steel Maroodrydors Old 4558
Narsbour office Cnr Currie and Bury Steels Narnbour Old 4560 I TewnwdJn office 9 Pelican Sheet Tevvarriin Old 4565
1 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 8
3. Nature of request (please tick ALL applicable categories)
El' To change the development q To change the development q To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.
4. Location of the premises
Street No 3 oZ Street AY P ST/ rV4 S S -7/e E 7'
A/0 VS q- I-rC- 6q6 S State Q Postcode 9-
I Plan type & plan no.
SN /00,3660
5. Concurrance Agencies
Was there one or more concurrence agencies involved in the original approval? 0-No
q Yes-provide details below
Note - Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.
Concurrence Agency Date copy given
6. Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
E4o q Yes
If yes, please attach a copy of the notice.
7. Owner's consent
Is the owner's consent required for this request? q No
Q-Yes- complete either Table A or Table B below
Note - If more than one owner of the land all owners' details are required
Table A - owner's consent provided on form
Date
Owner's name/s
Table A - owner's consent provided on form
I/We, the above-mentioned owner/s of the land, consent hbLZi^;^ S i:>IL.
to the making of this request. nwn is r,am Is
Signature/s 9'fhe owner's written consent is attached.
2 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 9
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.
However, owner's consent is not required if the approval:
- relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or
- is for building work or operational work for the supply of community infrastructure on land designated for the community
infrastructure; or
- the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is satisfied that:
- the number of owners of the land make it impractical to obtain owners' consent, and the requested change does not materially
affect the owners' land; or
- having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?
01Vo q Yes - complete below details
Nature of State owned resource:
Nature of Evidence required:
q Evidence of allocation of / entitlement to, the resource q Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above
NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.
9. Declaration of applicant
I/We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed in the future, the applicant shall advise the Sunshine Coast Regional Council in writing prior to any such change
being implemented.
Signature/s
3 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 10
OFFICE USE ONLY
Application no. Amount paid Date paid Receipt no. Initial Date stamp
Receiving Officer
Payment options
In person Customer service centres: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to: Sunshine Coast Regional Council.
q Cheque q Money order q Mastercard q Visa
Card number Expiry date Amount $
Name on card Signature of cardholder
Phone Is a receipt required? q Yes q No
4 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval a3^Extension to Relevant Period FM401
Page 11
Company owner's consent to the making of a development application
under the Sustainable Planning Act 2009
Tony Walls
Director of the below mentioned company and
Director of the below mentioned company
of Never Holdings Pty Ltd
as owner of premises identified as follows:
6/32 Hastings Street, Noosa Heads described as Lot 6 on SP120366
consent to the making of a development application under the Sustainable Planning Act 2009 by
Never Holdings Pty Ltd C/ Martoo Consulting
on the premises described above for the purposes of
Permissible Change to a Development Approval .
signed on the day of August 2011
signed on the 11 fW day of August 2011
Company seal
TM Sustainable Planning Ad 2009 is administered by the Department of Infrastructure and Planning. Queensland Government